Adding parties to a proceedings

Can you add parties to a proceedings? The short answer is yes. The National Court Rules 1983 make provision for this under Order 5.

Who can apply to the Court to add a party to a proceedings? Order 5 rules 8 of the Rules allows for three (3) persons to add a party to a proceedings. These three (3) are as follows:

1. the person who ought to be joined as a party.
2. Any party to the proceedings.
3. The Court.

The Court may add a party upon its on motion. The first two (2) persons must make an application to the Court to add a party to the proceedings. This application must be supported by evidence filed before the Court by way of an affidavit. The evidence must show that:

1. The person ought to be a party to the proceedings.
2. Adding that person is necessary to ensure that all matters in dispute in the proceedings can be effectively and completely adjudicated upon.

Once such an application is made, the Court will rely on the following principles as set out in Medaing v Ramu Nico Management (MCC) Limited [2010] PGNC 175; N4158 (Cannings J) and Timbers PNG Ltd v Papua New Guinea Forest Authority [2012] PGNC 30; N4638 (Hartshorn J),  to decide whether to order that a person be added as a party to the proceedings:

1. whether the applicant has sufficient interest in the proceeding.
2. whether the applicant’s joinder as a party is necessary to ensure that all matters in dispute in the proceeding can be effectively and completely adjudicated upon.

In determining whether the applicant has sufficient interest in the proceedings the Court will look at the following considerations:

1. any relief is sought against the proposed party.
2. the plaintiff opposes the application for joinder.
3. the proposed party will be affected if the relief sought in the statement of claim is granted.
4. the joinder of the proposed party is necessary to satisfy any orders made in the proceeding.

In Medaing v Ramu Nico Management (MCC) Limited [supra] the plaintiff applied to the Court to add 10 persons as plaintiff. The defendant objected to this application, generally against all 10 persons on that basis that they do not have sufficient interest in the proceedings. Justice Cannings, in determining, this application set out the relevant considerations set out above. His Honour found that nine (9) of the ten (10) persons had sufficient interest in the outcome of the proceedings. Hence, his Honour granted the application and allowed the nine (9) persons to be joined as a party. This case is an example of an application made by any party to the proceedings to add another party to the proceedings.

In Timbers PNG Ltd v Papua New Guinea Forest Authority [supra] a person who was not a party to a proceedings made an application to be joined as a party to the proceedings. The person applied to be joined in the proceedings as the third defendant. Justice Hartshorn considered the application and found that the person does not have sufficient interest in the outcome of the proceedings to be joined as a party. Hence, his Honour refused to grant the reliefs sought to be added as a party. This case is an example of an application made by a person who applied to join on the believe that he thought he ought to be joined as a party.

In the case of adding a party as a plaintiff, that person must give his consent to be added as a plaintiff to the proceedings. If he did not give his consent, he should not be added as a plaintiff. In Medaing v Ramu Nico Management (MCC) Limited [supra] Justice Cannings refused to add one (1) out of the ten (10) person because the applicant did not provide sufficient evidence to show that he has given his consent. Hence, his was not added as a party.

In conclusion, an applicant must satisfy those requirements set out above to be added as a party to the proceedings.

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